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A week and a half after the Marshalltown city council voted 5-2 to accept the resignation of now former City Administrator Jessica Kinser following a closed session, the terms of the agreement have been released to the public, with Kinser eligible to receive up to $92,768 over a six-month period if she does not find comparable employment.
The release states that the two sides "acknowledge Kinser's resignation is voluntary but stems from a disagreement between the parties" and that "the Marshalltown City Council has determined the settlement of the disagreement would serve the public purpose of saving time and money associated with resolving the dispute." It also prevents Kinser from ever suing the city in the future.
Per the agreement, Kinser is entitled to biweekly payments of $7,136 between May 13 and Nov. 12 up to a maximum amount of $92,768. If she finds "suitable employment" during that period, she will be required to notify the city's human resources director within 24 hours of accepting the new job, and her payments "shall then cease following the subsequent two payments from the date she accepted said suitable employment."
"For purposes of this agreement, suitable employment shall be defined as employment of a comparable level of responsibility, tasks, pay and prestige to Ms. Kinser's position with the city, including, but not limited to, any position in municipal management or administration, including as a deputy assistant, or employment in the private sector paying an annual salary of $165,000," the agreement reads.
The two sides have also agreed that Kinser will elect COBRA health insurance coverage, and the city will pay the portion of the coverage beyond the rate Kinser paid at the time of her resignation on May 12. She is required to "keep secret and retain in the strictest confidence" all confidential, proprietary and non-public matters related to the city.
Conversely, the city agrees that it will not release any details of Kinser's employment, except pursuant to a valid subpoena, Iowa Code Chapter 22 request or court order.
"The City will not notify Ms. Kinser prior to releasing public information pursuant to Iowa Code Chapter 22. Ms. Kinser will not disparage the city or its representatives," the agreement reads.
Kinser signed the release on May 9, the day after the closed session meeting.
In a press release on the city website, Mayor Joel Greer said the agreement was a way to acknowledge Kinser's work since she took the position in 2016.
"Recognizing Jessica Kinser's contributions to Marshalltown's progress in growth and development, and certainly in her leadership of the recovery efforts in handling the tornado, derecho and pandemic challenges, the City Council agreed to continue her regular salary for up to six months to allow her to secure comparable employment," he said. "This will also help the City's national search to find a new City Administrator while employing a temporary Administrator... The Council, Mayor and City wish her the best, because she deserves it."
Kinser told the T-R she had no comment on the agreement, and an attempt to reach each of the seven city councilors for immediate comment on Friday was unsuccessful. Kinser's employment contract stipulated that she would be entitled to up to six months worth of her annual salary if she was terminated, but not if she voluntarily resigned.
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Contact Robert Maharry at 641-753-6611 ext. 255 or rmaharry@timesrepublican.com.